Court of Requests
Encyclopedia
The Court of Requests was a minor equity court in England and Wales
. Created at an unknown date, it first became a formal tribunal with some Privy Council elements under Henry VII
, hearing cases from the poor and the servants of the King. It quickly became popular due to the low cost of bringing a case and the fast processing time, earning the ire of the common law judges. Two formal judges, the "Masters of Requests Ordinary", were appointed towards the end of Henry VIII
's, with an additional two "Masters of Requests Extraordinary" appointed under Elizabeth I
to allow two judges to accompany her on her travels around England. Two more Ordinary Masters were appointed under James I of England
, with the sheer volume of cases bringing a wave of complaints as the Court's business and backlog grew.
The Court became embroiled in a dispute with the common law courts during the late 16th century, who were angry at the amount of business deserting them for the Court of Requests. During the 1590s they went on the offensive, overwriting many decisions made by the Requests and preventing them imprisoning anyone. It is commonly accepted that this was a death-blow for the Court, who, dependent on the Privy Seal for authority, died when the English Civil War
made the Seal invalid.
, Leadam claims there is no record of the Court's existence before 1493, Pollard writes (based on documents discovered after Leadam's work) that it was in existence from at least 1465, while Alexander writes that it first appeared during the reign of the House of York
. Whatever its origin, the Court was created as part of the Privy Council
, following an order by the Lord Privy Seal
that complaints and cases brought to the Council by the poor should be expedited. This was as part of the Privy Council; it first became an independent tribunal with some Privy Council elements under Henry VII
, with jurisdiction mainly over matters of equity. The Court became increasingly popular due to the lack of cost in bringing a case to it and the speed at which it processed them, in contrast with the slow and expensive common law courts, arousing the ire of common law lawyers and judges.
The court originally followed the Monarch on his trips around England, visiting Sheen, Langley
and Woodstock
in 1494. Under Thomas Wolsey the Court became fixed in London, hearing cases from poor people and from the servants of the King. Towards the end of Henry VIII
's reign, the Court took on a professional attitude with the appointment of two professional "Masters of Requests Ordinary" to act as judges, rather than simply the Lord Privy Seal
as was previously the case. An additional two "Masters of Requests Extraordinary" appointed under Elizabeth I
to allow two judges to accompany her on her travels around England. Under James I of England
, two more Ordinary Masters were appointed, but despite this the Court became criticised for the rising backlog due to its increasing business.
When the Court formally became an independent body in the 16th century, free of Privy Council control, it immediately became vulnerable to attack by the common-law courts, which asserted that it had no formal jurisdiction and that the Court of Chancery
was an appropriate equitable body for cases. It was technically true that the Court, as it was no longer part of the Privy Council, could not claim jurisdiction based on tradition, but in 1597 Sir Julius Caesar
gave examples of times when the common law courts had recognised the Court of Requests' jurisdiction as recently as 1585. The common law courts change of heart was undoubtedly due to the large amount of business deserting them for the Court of Requests, and in 1590 they went on the offensive; writs of habeas corpus
were issued for people imprisoned for contempt of court in the Requests, judgments were issued in cases the Court of Requests were dealing with and it was decided that jailing an individual based on a writ from the Court of Requests constituted false imprisonment. Most academics accept that the Court never recovered from these blows, and when the English Civil War
made the Privy Seal inoperative, the Court "died a natural death".
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. Created at an unknown date, it first became a formal tribunal with some Privy Council elements under Henry VII
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
, hearing cases from the poor and the servants of the King. It quickly became popular due to the low cost of bringing a case and the fast processing time, earning the ire of the common law judges. Two formal judges, the "Masters of Requests Ordinary", were appointed towards the end of Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
's, with an additional two "Masters of Requests Extraordinary" appointed under Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
to allow two judges to accompany her on her travels around England. Two more Ordinary Masters were appointed under James I of England
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
, with the sheer volume of cases bringing a wave of complaints as the Court's business and backlog grew.
The Court became embroiled in a dispute with the common law courts during the late 16th century, who were angry at the amount of business deserting them for the Court of Requests. During the 1590s they went on the offensive, overwriting many decisions made by the Requests and preventing them imprisoning anyone. It is commonly accepted that this was a death-blow for the Court, who, dependent on the Privy Seal for authority, died when the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
made the Seal invalid.
History
The precise origins of the Court of Requests are unknown. Spence traces it back to the reign of Richard IIRichard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
, Leadam claims there is no record of the Court's existence before 1493, Pollard writes (based on documents discovered after Leadam's work) that it was in existence from at least 1465, while Alexander writes that it first appeared during the reign of the House of York
House of York
The House of York was a branch of the English royal House of Plantagenet, three members of which became English kings in the late 15th century. The House of York was descended in the paternal line from Edmund of Langley, 1st Duke of York, the fourth surviving son of Edward III, but also represented...
. Whatever its origin, the Court was created as part of the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, following an order by the Lord Privy Seal
Lord Privy Seal
The Lord Privy Seal is the fifth of the Great Officers of State in the United Kingdom, ranking beneath the Lord President of the Council and above the Lord Great Chamberlain. The office is one of the traditional sinecure offices of state...
that complaints and cases brought to the Council by the poor should be expedited. This was as part of the Privy Council; it first became an independent tribunal with some Privy Council elements under Henry VII
Henry VII of England
Henry VII was King of England and Lord of Ireland from his seizing the crown on 22 August 1485 until his death on 21 April 1509, as the first monarch of the House of Tudor....
, with jurisdiction mainly over matters of equity. The Court became increasingly popular due to the lack of cost in bringing a case to it and the speed at which it processed them, in contrast with the slow and expensive common law courts, arousing the ire of common law lawyers and judges.
The court originally followed the Monarch on his trips around England, visiting Sheen, Langley
Langley, Essex
Langley is a village and civil parish in the English county of Essex, seven miles west-south-west of Saffron Walden. The Parish of Langley consists of two parts, Langley Upper Green and Langley Lower Green which are linked by roads and footpaths...
and Woodstock
Woodstock, Oxfordshire
Woodstock is a small town northwest of Oxford in Oxfordshire, England. It is the location of Blenheim Palace, a UNESCO World Heritage Site.Winston Churchill was born in Blenheim Palace in 1874 and is buried in the nearby village of Bladon....
in 1494. Under Thomas Wolsey the Court became fixed in London, hearing cases from poor people and from the servants of the King. Towards the end of Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
's reign, the Court took on a professional attitude with the appointment of two professional "Masters of Requests Ordinary" to act as judges, rather than simply the Lord Privy Seal
Lord Privy Seal
The Lord Privy Seal is the fifth of the Great Officers of State in the United Kingdom, ranking beneath the Lord President of the Council and above the Lord Great Chamberlain. The office is one of the traditional sinecure offices of state...
as was previously the case. An additional two "Masters of Requests Extraordinary" appointed under Elizabeth I
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
to allow two judges to accompany her on her travels around England. Under James I of England
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
, two more Ordinary Masters were appointed, but despite this the Court became criticised for the rising backlog due to its increasing business.
When the Court formally became an independent body in the 16th century, free of Privy Council control, it immediately became vulnerable to attack by the common-law courts, which asserted that it had no formal jurisdiction and that the Court of Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
was an appropriate equitable body for cases. It was technically true that the Court, as it was no longer part of the Privy Council, could not claim jurisdiction based on tradition, but in 1597 Sir Julius Caesar
Julius Caesar (judge)
Sir Julius Caesar was an English judge and politician. He was born near Tottenham in Middlesex. His father was Giulio Cesare Adelmare, an Italian physician to Queen Mary and Queen Elizabeth, descended by the female line from the dukes of Cesarini.Caesar was educated at Magdalen College, Oxford,...
gave examples of times when the common law courts had recognised the Court of Requests' jurisdiction as recently as 1585. The common law courts change of heart was undoubtedly due to the large amount of business deserting them for the Court of Requests, and in 1590 they went on the offensive; writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
were issued for people imprisoned for contempt of court in the Requests, judgments were issued in cases the Court of Requests were dealing with and it was decided that jailing an individual based on a writ from the Court of Requests constituted false imprisonment. Most academics accept that the Court never recovered from these blows, and when the English Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
made the Privy Seal inoperative, the Court "died a natural death".